The Chinese Ministry of Public Security and nine other departments jointly issued opinions clarifying the evidence standards for domestic violence

2024-12-10

On the 9th, it was learned from the Chinese Ministry of Public Security that the "Opinions on Strengthening the Implementation of the Domestic Violence Warning System" (hereinafter referred to as the "Opinions") was recently issued, aiming to further play the role of the domestic violence warning system, actively intervene and resolve family and marital conflicts and disputes, and effectively prevent and stop domestic violence. The "Opinions" were jointly issued by the Ministry of Public Security, the Central Political and Legal Affairs Commission, the Supreme People's Court, the Ministry of Education, the Ministry of Civil Affairs, the Ministry of Justice, the National Health Commission, the All China Women's Federation, and the Office of the State Council Working Committee on Women and Children, with a total of 24 articles. They adopt a bar style structure and make clear provisions on the entity and procedural norms of the warning system, the connection between the warning system and related systems, and the specific implementation of the warning system. In response to issues such as the standard of evidence for domestic violence that have received high social attention, the "Opinions" clarify that the basic evidence conditions for public security organs to determine the facts of domestic violence include: if the perpetrator has no objection to the implementation of domestic violence, statements from the perpetrator, victims, or witnesses are required; If the perpetrator denies committing domestic violence, the victim's statement or witness testimony, as well as another form of supporting evidence, are required. At the same time, the "Opinions" clarify the types of supporting evidence that can be applied by public security organs to determine the facts of domestic violence, including audiovisual materials that record the process of domestic violence, electronic data related to domestic violence such as phone recordings, text messages, instant messaging messages, emails, testimony from relatives, neighbors and other witnesses, testimony from underage children of the parties involved that is appropriate for their age and intelligence, repentance or guarantee letters issued by the perpetrator, injury appraisal opinions, medical institution diagnosis and treatment records, and records of domestic violence complaints, reports or requests for help received by relevant departments and units. Focusing on the implementation of strict, standardized, fair, and civilized law enforcement requirements, the "Opinions" provide norms in clarifying the issuance of warning letters, the content of warning letters, and refining the implementation process of warning letters. If it is clearly stipulated that domestic violence is relatively minor and no public security management punishment is given according to law, the public security organs may give criticism and education to the perpetrator or issue a warning letter; If the fact of domestic violence has been verified to be true, the circumstances are relatively minor, and there are multiple situations such as being criticized and educated by the public security organs for committing domestic violence, a warning letter should generally be issued; If the circumstances of domestic violence are significantly minor or the circumstances of domestic violence are relatively minor and the victim's forgiveness is obtained, the public security organs may give criticism and education to the perpetrator. The Opinion also regulates the style and content of domestic violence warning letters, and extracts and notes relevant legal provisions. It is reported that in 2023 alone, according to the relevant provisions of the Anti Domestic Violence Law, public security organs across the country issued 98000 warning letters, effectively playing the role of the warning system as a "warning device" and "buffer valve" to prevent and stop domestic violence. (New Society)

Edit:Rina    Responsible editor:Lily

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